Ashraf Pathan vs Central Bureu Of Narcotics
2023 Latest Caselaw 1024 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRA No. 275 of 2022
                                               (ASHRAF PATHAN Vs CENTRAL BUREAU OF NARCOTICS)

                           Dated : 17-01-2023
                                   Shri Sunil Gupta - Advocate for the appellant.

                                   Shri Manoj Kumar Soni - Advocate for respondent.

Heard on the question of admission..

Appeal is admitted for final hearing.

Heard on I.A.No.11551/2022, which is second application under Section 389 of the Cr.P.C. for suspension of custodial sentence on behalf of appellant

Ashraf Pathan. The first application was dismissed as withdrawn with liberty to renew his prayer after completion of half of the custodial sentence.

The appellant stands convicted vide judgment dated 24.12.20218 passed by special Judge NDPS Act Garoth District Mandsaur (M.P.) in S.T. No. 5/2016 under Section 8 read with section 20(2)(B) of NDPS Act and has been sentenced to under go 03 years RI with fine of Rs.20,000/- with usual default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during trial and he never misused the liberty granted to him. Looking to old

pendency of the cases for consideration, final conclusion of the case would take sufficient time. In view of the statement of the witnesses, offence is not established against the appellant. Hence, he prays that the execution of the remaining part of the jail sentence be suspended and appellant be enlarged on bail.

Per contra learned counsel for the State opposes the application and prays for its rejection.

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 18-01-2023 12:27:57

Considering the facts and circumstances of the case, allegations against appellant and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence IA. No.11551/2022 is allowed.

It is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 24/04/2023 and on all such subsequent dates, which are fixed in this behalf.

With the aforesaid, IA.No.11551/2022 stand disposed of. List the appeal for final hearing in due course.

(VIVEK RUSIA) JUDGE

BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 18-01-2023 12:27:57